This Shipping & Terms of Service Policy (the "Policy") is a legally binding agreement between you ("Customer") and MoxoAI LLC, DBA Mox LLC ("Company"). By making a purchase on our platform, you acknowledge and agree to be fully bound by the terms and conditions set forth in this Policy. This Policy supersedes any conflicting provisions in other documents, including but not limited to the Terms of Service, Refund Policy, or Privacy Policy. In the event of any inconsistency, this Policy shall prevail and control. The Company reserves the exclusive right to interpret and enforce the terms herein, and the Customer waives any right to dispute the application or prioritization of this Policy. The Customer agrees not to rely on any oral or informal representations not explicitly stated in this Policy.
1. Definitions:
1.1. "Item(s)" refers to any product(s), service(s), or material(s) made available for purchase or order through the Company's platform, whether supplied directly or indirectly.
1.2. "Supplier(s)" refers to any third-party sources or vendors from whom the Company obtains Items. The Company makes no warranties or guarantees regarding Supplier performance or fulfillment.
1.3. "Shipping Carrier" refers to the independent entity responsible for delivering Items. The Company is not responsible for the performance, actions, or delays caused by any Shipping Carrier.
1.4. "Shipping Cost" refers to the amount charged to the Customer for the packaging and transportation of Items. This cost may include handling, insurance, and logistics expenses incurred by the Company or its partners.
2. Priority of Shipping Policy:
2.1. This Policy overrides and takes priority over any conflicting language in any other agreement, representation, or communication. The Customer waives any reliance on previous verbal or written promises inconsistent with this Policy.
2.2. The Customer agrees that this Policy, as interpreted solely by the Company, constitutes the full and final understanding regarding shipping and service terms and may be updated at the sole discretion of the Company without prior notice.
3. Condition of Items:
3.1. All Items are sold strictly in “as-is” condition without any guarantees, express or implied. The Company disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
3.2. The Customer accepts full responsibility for evaluating the quality, condition, and suitability of the Item and agrees not to hold the Company liable for dissatisfaction, defects, or unmet expectations of any kind.
4. Third-Party Purchases:
4.1. The Company is not liable for the actions, negligence, or failure of any Supplier. Any issues arising from third-party inventory are to be resolved directly with the original Supplier if applicable.
4.2. The Company may choose to offer support or mediation as a courtesy, but this does not imply liability or responsibility for resolution or outcome.
5. Shipping Liability:
5.1. Once an Item leaves the Company’s facility or designated fulfillment partner, the Company assumes no liability for loss, delay, theft, misdelivery, or damage incurred during transit.
5.2. All claims for such incidents must be filed directly with the Shipping Carrier. The Company is not required to provide reimbursement, replacement, or assistance beyond reasonable documentation.
6. Shipping Methods:
6.1. Available shipping methods are provided for convenience only. The Company makes no guarantee of delivery times, and delays may occur due to weather, customs, or other uncontrollable factors.
6.2. The Company may substitute carriers or adjust shipping method at its sole discretion without notice or obligation to the Customer.
7. Shipping Costs:
7.1. Shipping Costs are calculated dynamically and are non-negotiable once the transaction is completed.
7.2. The Customer acknowledges that additional charges may apply for remote destinations, oversized items, or special handling, and authorizes the Company to collect these charges post-purchase if needed.
8. International Shipping:
8.1. The Company may offer international shipping at its discretion. Availability and service levels may vary by country and are subject to local regulations.
8.2. The Customer assumes all responsibility for international customs clearance, duties, tariffs, and taxes. The Company will not refund, reimburse, or intervene in matters involving foreign government delays or confiscation.
9. Tracking Information:
9.1. Tracking numbers are provided when available. Lack of tracking does not invalidate a shipment or constitute grounds for a refund or dispute.
9.2. The Company is not responsible for inaccurate, delayed, or missing tracking updates caused by third-party carriers or systems.
10. Shipping Address:
10.1. It is the Customer’s sole responsibility to enter an accurate, complete, and deliverable address. The Company is not liable for failed deliveries due to Customer error.
10.2. If an incorrect address results in return-to-sender or loss, the Customer agrees to cover all reshipment fees and any additional expenses incurred by the Company.
11. Delivery Acceptance:
11.1. The Customer agrees to inspect all deliveries upon receipt. Failure to report issues within 24 hours of delivery constitutes acceptance of the shipment “as-is.”
11.2. The Company disclaims liability for discrepancies not supported by timely, detailed documentation and reserves the right to deny claims deemed fraudulent, excessive, or outside the scope of this Policy.
12. A Covenant Not to Sue:
12.1.1. By completing a purchase, the Customer irrevocably and unconditionally agrees not to initiate, join, assist, or participate in any lawsuit, arbitration, class action, administrative proceeding, regulatory complaint, or any other form of legal, quasi-legal, or governmental action or inquiry against the Company, its current and former officers, directors, managers, members, owners, shareholders, employees, contractors, partners, affiliates, subsidiaries, agents, attorneys, licensors, and successors (collectively, the “Released Parties”) for any reason arising out of or in connection with shipping, product quality, item condition, order fulfillment, payment processing, product availability, marketing representations, website functionality, user experience, customer support interactions, refund or exchange disputes, or the interpretation, application, or enforcement of this Policy or any other agreement, written or implied.
12.1.2. The Customer expressly waives all rights to seek actual, consequential, statutory, exemplary, incidental, or punitive damages, injunctive or equitable relief, or any form of restitution or disgorgement. Any claim or dispute, if permitted to proceed at all, shall be limited exclusively to the refund of the original purchase price, and only upon a showing of clear and convincing evidence of willful misconduct on the part of the Company.
12.1.3. The Customer agrees to indemnify and hold harmless the Released Parties from and against any and all legal costs, attorney fees, court expenses, administrative costs, or damages incurred as a result of any breach of this section, including any attempt to invalidate or circumvent this provision.
12.1.4. This clause shall be perpetual, global, irrevocable, binding upon all successors and assigns, and enforceable to the fullest extent permitted by applicable law. The Customer knowingly and voluntarily waives any protections under state or federal law that would limit the enforceability of this section. If any part of this section is found unenforceable, it shall be interpreted narrowly or severed without affecting the remainder, and this section shall survive any termination of the Customer’s relationship with the Company.
13. Binding and Final Agreement:
13.1. This Policy is final and enforceable. The Customer affirms they have read and understood this Policy and have had the opportunity to ask questions before completing their purchase.
13.2. No oral statements or external communications may override the terms set forth herein. Any ambiguity shall be interpreted in favor of the Company.
13.3. The Customer agrees to waive all rights to trial by jury, class action claims, or injunctive relief against the Company for any issues covered under or tangentially related to this Policy or their transaction.
13.4. The Company shall not be liable for incidental, indirect, punitive, or consequential damages, including but not limited to loss of profits, loss of data, or personal inconvenience, regardless of the cause or foreseeability.
13.5. The Customer agrees to indemnify and hold harmless the Company from any claim, liability, legal cost, or loss resulting from their misuse of products, violation of this Policy, or misrepresentation during the order process.
14. Compliance with Ohio Laws:
14.1. This Policy shall be governed exclusively by the laws of the State of Ohio without regard to conflict of law principles.
14.2. Any disputes must be resolved exclusively in the state or federal courts located within Ohio, and the Customer consents to personal jurisdiction therein. All legal actions must be initiated within one (1) year of the cause of action arising or shall be forever barred.
14.3. The Customer expressly waives any and all rights to participate in class actions, mass actions, or joint litigation proceedings against the Company. All claims must be brought on an individual basis only.
14.4. The Customer agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, or expenses (including attorney’s fees) arising out of or related to any breach of this Policy or misuse of the Company’s services or products.
14.5. In no event shall the Company be liable to the Customer or any third party for any indirect, special, incidental, punitive, exemplary, or consequential damages of any kind, including but not limited to loss of data, loss of profits, or business interruption, even if the Company has been advised of the possibility of such damages.
14.6. The Company’s total liability to the Customer for any and all claims arising from or related to a transaction or this Policy, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Customer to the Company for the specific item(s) at issue in the claim.
14.7. If any provision of this Policy is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be severed and the remainder of the Policy shall continue in full force and effect, with the invalid portion interpreted in a manner consistent with the original intent of the Company to the maximum extent permitted by law.
15. Contact Us:
If you have any questions or concerns regarding this Policy, please contact our customer service team. Our staff is available to provide clarification but may not modify the Policy or offer interpretations outside those approved by the Company’s legal counsel.
Thank you for choosing to shop with us. By doing so, you agree to all terms set forth herein and release the Company from any claims outside the scope of this Policy.